W912DR21B0009_Solicitation_Amendment 3_02.04.2021.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Project Title: Fiscal Year (FY) 2021 Baltimore Harbor Maintenance Dredging, Maryland Channels

The purpose of this amendment is to:

1. Include responses to RFIs;

2. Include revised specifications;

3. Amend the requirement for submission of a subcontracting plan; and

4. Update the Scope of Work.

1. CONTRACT ID CODE PAGE OF PAGES

1 7

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 04-Feb-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912DR21B0009

X 9B. DATED (SEE ITEM 11)

15-Jan-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

04-Feb-2021

CODE

USACE, BALTIMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

W912DR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DR21B0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The Issued By organization has changed from

USACE, BALTMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

to

USACE, BALTIMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

The following have been added by full text:

RFIS

Bid Inquiry Contractor Report All Inquiries

Project: FY21 Baltimore Harbor Maintenance Dredge, Maryland Channels Review:

W912DR21B0009, FY21 Baltimore Harbor Maintence Dredging, Maryland Channels (00001) (sorted by CommentID )

Displaying 4 inquiries.

Id Discipline Sheet Detail Spec

9041382 Contracting Solicitation Solicitation Solicitation

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

The Amendment 0001 Solicitation document, Page 8, states the following: The anticipated performance period for the above described dredging and placement should not exceed 130 calendar days from receipt of Notice-to-Proceed. In order to allow for proper drying/consolidation of the dredged material at Poplar Island, a dredge material placement time of year restriction of June 15 – September 30 will be enforced.

Assuming a quick turnaround of NTP being issued on April 1, 2021 and 130 allowable contract days, this would place the required contract completion date at August 9th, 2021 during the Poplar Island restricted window.

a. Will contractors be allowed to work and place material on Poplar Island during the restricted window in order to complete the project within the allowable 130 calendar days from NTP?

b. If not, will contractors be able to begin the project after September 30th, 2021 when the restrictions at Poplar Island are lifted?

On: Feb 01 2021.

Government Response. . The Poplar Island Engineering team has agreed to eliminate the time of year placement restriction for this contract. Additionally, due to the late start, an Environmental TOY Restriction document will be provided with an amendment to the solicitation, primarily related to nesting shore birds that should have very minimal operational impacts to the contractor while pumping onto the island. On: Feb 03 2021

Information for this report is procurement sensitive.

9041384 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Please provide contractors the XYZ survey files of the soundings used to derive the contract volumes and Plan Drawings.

On: Feb 01 2021.

Government Response. . Bidders shall request the XYZ files from the Contract Specialist, Leigha Arnold, and will be sent via DoD Safe Site upon the request. On:

Feb 03 2021

Information for this report is procurement sensitive.

9041489 Contracting Solicitation 00 45 00 Representations and

Certifications

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Please provide the EFT Form and Standard Form LLL, Disclosure of Lobbying Activities Location as referenced in Section 00 45 00 - Representations and Certifications.

On: Feb 01 2021.

Government Response. . Documents have been uploaded to beta.SAM.gov. On:

Feb 03 2021

Information for this report is procurement sensitive.

9042715 Specifications 35 20 23

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Section 35 20 23, page 27, paragraph 1.27.1(d) states; "To facilitate drying in the Poplar Island cells, inflow will not be permitted between June 15 - September 30 of any year."

Since no placement of material can be done at Poplar Island from June 15 to September 30, there isn't enough time to mobilize to the site, prepare for work, and complete the dredging prior to June 15.

Will the contractor be allowed to demobilize from June 15 to September 30, then remobilize to the site in early September to complete the project? If so, the 130 days for contract completion will need to be adjusted to reflect it.

On: Feb 02 2021.

Government Response. . The Time of Year Placement restriction for Poplar Island will not be enforced for this contract due to the late start and will be reflected in an upcoming amendment to the Specs of the contract. On: Feb 03 2021

Information for this report is procurement sensitive.

Report Complete

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been modified:

INFORMATIONAL TEXT

CONSTRUCTION DURATION

The anticipated construction duration for this procurement is 100 130 calendar days after Notice to Proceed.

End of Text

MAGNITUDE OF CONSTRUCTION PROJECT

The estimated magnitude of construction is between $10,000,000.00 and $25,000,000.00.

End of Text

EVIDENCE OF AUTHORITY TO SIGN BIDS/PROPOSALS

Evidence of the authority of individuals signing bids/proposals to submit firm bids/proposals on behalf of the bidder/offeror is required except where the bid/offer is signed, and shows that it is so signed, by: The President, Vice-President, or Secretary of Incorporated bidders; a partner in case of partnership; the owner in the case of sole proprietorships. Failure to submit with the bid satisfactory evidence of authority of all other persons may be cause for rejection of bid as an invalid or non-responsive bid.

PREAWARD SAFETY CONFERENCE

Where an apparent low bidder, in performance of contracts during the previous three year period incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding his compliance with any safety or accident prevention requirement, such bidder, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the Contracting Officer to discuss any such accidents or non-compliance, the reasons for their occurrence, and measures which will be taken to preclude any recurrence thereof. Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in the pre award survey, in determining the bidder's responsibility.

The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the bidder and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the bidder, along with all other safety and accident prevention requirements of the contract, if award is made to him.

SAFETY REQUIREMENTS

The Contractor is advised that he shall be expected to comply with the OSHA Standards as well as the most recent Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1). EM 385-1-1 with applicable addenda and the OSHA Standards are hereby incorporated by reference, as if fully set forth.

HARBOR MAINTENANCE FEE

Offerors contemplating use of U.S. ports in the performance of the contract are subject to paying a harbor maintenance fee on cargo. Federal law establishes an ad valorem port use fee on commercial cargo imported into or exported from various U.S. ports. The fee is 0.125 percent (.00125). Cargo to be used in performing work under contracts with the U.S. Government is not exempt from the fee, although certain exemptions do exist.

Offerors are responsible for ensuring that the applicable fee and associated costs are taken into consideration in the preparation of their offers. Failure to pay the harbor maintenance fee may result in assessment of penalties by the Customs Service. The statute is at Title 26 U.S. Code sections 4461 and 4462. Department of Treasury Customs Service regulations implementing the statute, including a list of ports submit to the fee, are found at 19 CFR Section 24.24, Harbor Maintenance Fee. Additional information may be obtained from local U.S. Customs Service Offices or by writing to the Director, Budget Division, Office of Finance, Room 6328, U.S. Customs Service, 1301 Constitution Avenue, N.W., Washington, D.C. 20229.

DREDGING AND DREDGE RELATED MARINE WORK

The Contractor shall comply with the provisions of EM 385-1-1. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/ United States Army Corps of Engineers (USACE) Dredging Safety Management Program (DSMP), as determined by the DCA/USACE Joint Committee, and holds am current valid Certificate of Compliance for both the Contractor Program and the Dredge(s) to be used to perform the work required under this contract, the Contractor may, in lieu of the submission of an Accident Prevention Plan (APP), make available for review, upon request, the Contractor’s current Safety Management System (SMS) documentation, submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS, submit the current dredge(s) Certificate of Compliance based on third party audit, and submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation.

ARITHMETIC DISCREPANCIES

a. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by bidder:

1) Obviously misplaced decimal points will be corrected;

2) Discrepancy between unit price and extended price, the unit price will govern;

3) Apparent errors in extension of unit prices will be corrected;

4) Apparent errors in addition of lump-sum and extended prices will be corrected.

b. For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends his bid to be evaluated on the basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

c. These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

CAUTION TO BIDDERS--BID ERRORS

You are cautioned to exercise extreme care in preparation of your bid. Errors in bids are costly and could result in substantial loss to you as well as delayed award of contracts. Actions you can take to avoid errors are:

(a) Make sure your bid takes into consideration all amendments to the IFB. If you are uncertain whether you have received all amendments, call the Baltimore District Office, telephone 443-749-2022, in time to obtain any missing amendment.

(b) If you feel bidding requirements are unclear, contact the Baltimore District Office in writing for an explanation before preparing and submitting your bid.

(c) Verify all quantities and prices, especially quotations from subcontractors. Make sure no line items have been overlooked in recapitulating. Have your bid reviewed by qualified personnel other than those preparing the bid.

(d) Retain all original notes, subcontractor quotations, estimates, and summary worksheets from which your bid was prepared. If you have made a mistake in bid, you will need these papers to determine the nature and amount of an error and to support any request you may make for special relief.

SUBCONTRACTING GOALS

Prior to award Large Business firms shall submit an acceptable subcontracting plan within the time limit prescribed by the Contracting Officer with their bid, consistent with Section 806b) of Public Law 100-180, 95- 507 and PL 99- 661.

The following goals are considered reasonable and achievable during the terms of the contract:

65.0% as a minimum of the planned subcontracting dollars to be placed with small business concerns. (The following are subsets of the small business goal):

As of that portion placed with small business concerns;

2.00% shall be placed with small disadvantaged business concerns, to include Historically Black Colleges and

Universities and Minority Institutes (HBCU/MI);

2.00% shall be placed with women owned small businesses;

1.00% shall be placed with HubZone small businesses;

2.00% shall be placed with Veteran-Owned small business;

1.00% shall be placed with Service-Disabled Veteran-owned small business

SECTION 01 00 00 - GENERAL REQUIREMENTS

The following have been modified:

STATEMENT OF WORK

The project consists of maintenance dredging portions of the Craighill Angle and Swan Point Federal Navigation Channels which are located in a heavy commercial waterway supporting the Port of Baltimore. It is anticipated the work would be performed in the winter – spring – early summer of 2021 and would consist of dredging Craighill Angle to a required depth of 51 feet MLLW with one foot of allowable overdepth and dredging Swan Point to a required depth of 35 36 feet MLLW with one to two feet foot of allowable overdepth. Assuming historical shoaling rates within the channels, the dredging should involve removal of up to 1,870,000 1,930,000 cubic yards of material, including allowable overdepth and all optional overdepth dredging. The material available for removal will be kept at or around this level due to funding constraints. The material will be placed at the Paul S. Sarbanes Ecosystems Restoration Project at Poplar Island, Talbot County, Maryland. The equipment required for this work commonly consists of two 40 plus cubic yard clamshell dredges, one 24-30 inch hydraulic unloader, six to eight large tugs, six to eight 2,500 – 6,000 cubic yard material scows, and appropriate attendant plant and pipeline. The anticipated performance period for the above described dredging and placement should not exceed 100 130 calendar days from receipt of Notice-to-Proceed. In order to allow for proper drying/consolidation of the dredged material at Poplar Island, a dredge material placement time of year restriction of June 15 – September 30 will be enforced.

Work shall be accomplished in accordance with attached specification and drawings.

(End of Summary of Changes)